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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100992
Experience:  Lawyer
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Have I got a case. I was given verbal ( with witnesses ) promise

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Have I got a case. I was given verbal ( with witnesses ) promise to be repaid for money
Loaned to someone through the sale of her house. This person has since died. Can I recoup the money?
Thank you for your question.

Before I begin I want to explain a bit about how the site works.

It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.

As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

How much are you owed?

When did this happen?

What is the reasons the executor is using to say he/she won't honour your claim?
Customer: replied 4 years ago.
$ 50,000
Just two weeks ago
Then what I suggest you do is send the Executor a letter by Registered Mail.

In the letter state that you are making a claim for the $50,000 and state why.

You can say that you are witnesses that will attest to the loan.

Indicate that you will commence legal proceedings, if necessary, and will then be seeking interest and your costs as well.

I suggest you provide a deadline for them replying and indicating their position.

Then if you are not going to get the money I suggest you consult with a lawyer that does estate litigation or else general litigation.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-800-661-1095 or
403-228-1722 in Calgary

Let me know if you need any further clarification.
Debra and other Canada Law Specialists are ready to help you